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Home My WebLink AboutAGENDA REPORT 2020 0916 CCSA REG ITEM 10BCITY OF MOORPARK,  CALIFORNIA City Council Meeting of September 16, 2020 ACTION Approved Staff Recommendation, Including Adoption of Resolution No. 2020- 3947, as Amended. BY B.Garza. B. Consider Amendment No. 2 to Agreement with Chambers Group, Inc. for On-Call Environmental Consulting Services and a Resolution Amending Fiscal Year (FY) 2020/21 Budget. Staff Recommendation: 1) Adopt Resolution No. 2020-3947 amending the Fiscal Year 2020/21 Budget to appropriate $200,000 in both revenues and expenditures from the Community Development Fund for on-call environmental consulting services; and 2) Authorize the City Manager to approve Agreement Amendment No. 2 with Chambers Group, Inc. for on-call environmental review services, subject to final language approval of the City Manager. (ROLL CALL VOTE REQUIRED) (Staff: Doug Spondello) Item: 10.B. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Karen Vaughn, Community Development Director BY: Douglas Spondello, Planning Manager DATE: 09/16/2020 Regular Meeting SUBJECT: Consider Amendment No. 2 to Agreement with Chambers Group, Inc. for On-Call Environmental Consulting Services and a Resolution Amending Fiscal Year (FY) 2020/21 Budget BACKGROUND On May 3, 2019, the City issued a Request for Qualifications to solicit firms to provide on-call environmental consulting services. A total of 12 proposals were received and staff conducted interviews with the top four firms. On July 17, 2019, the City Council approved agreements with Chambers Group, Inc. (Chambers Group) and Kimley-Horn and Associates, Inc. (Kimley-Horn) to provide on-call environmental consulting services for the City, whereby the two consultants would be available to complete environmental reviews and prepare environmental documents for the City. Environmental consulting agreements were awarded with not-to-exceed amounts of $100,000 each. Due to issues with communication and response times, the City opted to terminate the agreement with Kimley-Horn. On January 15, 2020, the City Council authorized the Amendment No. 1 to the Agreement with the Chambers Group, Inc. to increase the not-to-exceed amount of the Agreement by $75,000, from $100,000 to $175,000. DISCUSSION The Chambers Group currently provides environmental consulting services for several major projects, including Hitch Ranch, High Street Station, 6000 Condor Drive (Amazon), and Everett Street Terraces. The contract amount with Chambers Group has been fully encumbered by existing projects and is not sufficient to accommodate new work. The Community Development Department has several projects on the horizon, including North Ranch/Rasmussen that will require environmental review. The Item: 10.B. 93 Honorable City Council 09/16/2020 Regular Meeting Page 2 Chambers Group has met all performance standards outlined in the original Request for Proposals. To provide additional capacity and keep the review of development projects moving forward, staff is requesting approval to increase the not-to-exceed amount of the agreement with Chambers Group by $225,000, from $175,000 to $400,000. FISCAL IMPACT All expenses will be completely offset by revenues from developer deposit accounts that will fund these services. The FY 2020/21 adopted budget includes $25,000 for on-call environmental consulting services. The attached resolution includes a budget amendment providing an additional $200,000 appropriation in the Community Development Fund (2200). COUNCIL GOAL COMPLIANCE This action does not support a current strategic directive. STAFF RECOMMENDATION (ROLL CALL VOTE REQUIRED) 1. Adopt Resolution No. 2020-____ amending the Fiscal Year 2020/21 Budget to appropriate $200,000 in both revenues and expenditures from the Community Development Fund for on-call environmental consulting services; and 2. Authorize the City Manager to approve Agreement Amendment No. 2 with Chambers Group, Inc. for on-call environmental review services, subject to final language approval of the City Manager. Attachment 1: Resolution No. 2020-____ Attachment 2: Agreement Amendment No. 2 94 RESOLUTION NO. 2020-____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE FISCAL YEAR (FY) 2020/21 BUDGET TO APPROPRIATE $200,000 FROM THE COMMUNITY DEVELOPMENT FUND (2200) FOR ON-CALL ENVIRONMENTAL CONSULTING SERVICES WHEREAS, the City Council adopted the Operating and Capital Improvements Budget for Fiscal Year 2020/21 on June 21, 2020, which included $25,000 in Planning Contractual Services; and WHEREAS, on September 2, 2020 City Council adopted Resolution No. 2020- 3941 approving the budget amendment generated by the FY 2019/20 Purchase Order carry over process completed on July 17, 2020, which included a $246,619.77 appropriation increased in the Community Development Fund (2200) for various contractual services; and WHEREAS, a staff report has been presented to the City Council requesting approval of a second amendment to the agreement with Chambers Group, Inc for on- call environmental consulting services; and WHEREAS, costs incurred under the amended agreement will be reimbursed by developer deposits; and WHEREAS, Exhibit “A” hereof describes said budget amendment and its resultant impact to the budget line items. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. A budget amendment to increase expenditures by $200,000 in the Community Development Fund (2200), to fund the second amendment to the agreement with Chambers Group, Inc. for –on-call environmental consulting services, as more particularly described in Exhibit A, is hereby approved. SECTION 2 The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 16th day of September 2020. ________________________________ Janice S. Parvin, Mayor ATTACHMENT 1 95 Resolution No. 2020-___ Page 2 ATTEST: ___________________________________ Ky Spangler, City Clerk Attachment: Exhibit A – Budget Amendment 96 Resolution No. 2020-___ Page 3 EXHIBIT A BUDGET AMENDMENT FOR COMMUNITY DEVELOPMENT FUND FOR ON-CALL ENVIRONMENTAL CONSULTANT SERVICES FY 2020/21 EXPENDITURE APPROPRIATION: Account Number Current Budget Revision Amended Budget 2200-161-00000-51000 $291,419.77 $200,000 $491,419.77 $ $ $ Total $291,419.77 $200,000 $491,419.77 97 ATTACHMENT 2 AMENDMENT NO. 2 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MOORPARK AND CHAMBERS GROUP, INC. FOR ON-CALL ENVIRONMENTAL CONSULTING SERVICES This Second Amendment to the Agreement between the City of Moorpark, a municipal corporation (“City”), and Chambers Group, Inc., an S corporation (“Consultant”), for on-call environmental consulting services (“Agreement”), is made and entered into on this ___ day of ____________________, 2020. RECITALS WHEREAS, on August 1, 2019, the City and Consultant entered into an Agreement to have the Consultant provide on-call environmental consulting services; and WHEREAS, on February 3, 2020, the City and Consultant executed Amendment No. 1 to the Agreement to increase the compensation for services to be performed by the consultant from one hundred thousand dollars ($100,000.00) by a value of seventy- five thousand dollars ($75,000.00) for a total value of one hundred and seventy-five thousand dollars ($175,000.00); and WHEREAS, the City and Consultant now desire to amend the Agreement to increase the compensation for services to be performed by Consultant from one hundred and seventy-five thousand dollars ($175,000.00) by a value of two hundred and twenty-five thousand dollars ($225,000.00) for a total value of four hundred thousand dollars ($400,000.00), and document said agreement to amend by jointly approving Amendment No. 2 to the Agreement. NOW, THEREFORE, it is mutually agreed by and between the parties to the Agreement as follows: I. Section 2, SCOPE OF SERVICES, is amended by replacing the third paragraph in its entirety as follows: “Compensation for the services to be performed by Consultant shall be in accordance with Exhibit C. Compensation shall not exceed the rates or total value of four hundred thousand dollars ($400,000.000) as stated in Exhibit C, without a written Amendment of the Agreement executed by both parties. Payment by City to Consultant shall be in accordance with the provisions of this Agreement.” II. Section 5, PAYMENT, is amended by replacing the second paragraph in its entirety as follows: “The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit C, based upon actual time spent on the above tasks. This amount 98 shall not exceed four hundred thousand dollars ($400,000.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement.” III. Exhibit B is replaced in its entirety with the attached Exhibit B. IV. Remaining Provisions: Except as revised by this Amendment No. 2, all of the provisions of the Agreement shall remain in full force and effect. In W itness W hereof, the parties hereto have caused this Amendment to be executed the day and year first above written. CITY OF MOORPARK CHAMBERS GROUP, INC. _______________________________ _______________________________ Troy Brown City Manager Mike McEntee Chief Operating Officer Attest: _______________________________ Ky Spangler City Clerk Amendment No. 2 to Agreement between City of Moorpark and Chambers Group, Inc. Page 2 99 Exhibit B CITY OF MOORPARK Scope of Work Requirement for Professional Services Agreements Compliance with California Government Code Section 7550 Consultant shall sign and include this page in any document or written reports prepared by Consultant for the City of Moorpark (City) to which California Government Code Section 7550 (Government Code § 7550) applies. Government Code §7550 reads: “(a) Any document or written report prepared for or under the direction of a state or local agency, that is prepared in whole or in part by nonemployees of the agency, shall contain the numbers and dollar amounts of all contracts and subcontracts relating to the preparation of the document or written report; if the total cost for the work performed by nonemployees of the agency exceeds five thousand dollars ($5,000). The contract and subcontract numbers and dollar amounts shall be contained in a separate section of the document or written report. (b) When multiple documents or written reports are the subject or product of the contract, the disclosure section may also contain a statement indicating that the total contract amount represents compensation for multiple documents or written reports.” For all Professional Services Agreement with a total dollar value in excess of $5,000, a signed and completed copy of this form must be attached to all documents or completed reports submitted to the City pursuant to the Scope of Work. Does the dollar value of this Professional Services Agreement exceed $5,000?  Yes  No If yes, then the following information must be provided in compliance with Government Code § 7550: 1. Dollar amount of Agreement/Contract: $ 400,000 2. Dollar amount of Subcontract: $ 3. Does the total contract amount represent compensation for multiple documents or written reports?  Yes  No I have read the foregoing Code section and will comply with Government Code §7550. Chambers Group, Inc. Mike McEntee, COO Date Amendment No. 2 to Agreement between City of Moorpark and Chambers Group, Inc. Page 3 100